Decision

Viiv Healthcare Company v. Gilead Sciences Canada, Inc., 2020 FC 11 (Dolutegravir*)

Justice Manson - 2020-01-03

Read full decision. Automatically generated summary:

[Note: decision is from January but only posted now; see 2020 FC 486 for summary trial decision] The Plaintiffs, ViiV Healthcare Company, Shionogi & Co Ltd, and ViiV Healthcare ULC [collectively ViiV] seek to dismiss or adjourn sine die the Defendant Gilead Sciences Canada Inc’s [Gilead] motion for summary trial. In the alternative, ViiV seeks an order adjourning the summary trial until the completion of oral discovery or extending the length of the summary trial from three to five days. ... Nowhere in the summary trial provisions of the Federal Courts Rules is there a similar mechanism to Rule 9-7(11) of the BC Civil Rules providing for a motion to dismiss the motion for summary trial before the hearing of the summary trial, and the Rules of this Court are comprehensive and do not require a “gap” application of a Provincial Court’s Rules.

Decision relates to:

  • T-226-18 - VIIV HEALTHCARE COMPANY ET AL. v. GILEAD SCIENCES CANADA, INC.

 

Canadian Intellectual Property